Often in case of separation one of the biggest issue is regarding the custody of your children. Pakistan custody law is regulated by Guardians and Wards Act, 1890. Which allows any of the parent to get permanent custody of their children and also allows the other non-custodial parents a right to meet their children.
Key points in custody case:
- Temporary Custody: Mostly, the courts allow a parent the temporary custody in which any of the parent would have the custody of the child until the conclusion of the case.
- Age of the Children: The age of the children has a significant impact on the custody case. In ordinary case if a child is less than 7 years, the custody is usually granted to the mother due to her tender age. However, the circumstance of every case is different and if the husband made a good case he could get the custody as well.
- Welfare of Minor: The courts analyze a fundamental principle in custody cases which is” Welfare of Minor”. You need to prove that the children would have the best environment ever emotionally, physically and financially.
- Maintenance of Children: The ultimate responsibility of providing maintenance of children lies with the Father. It does not matter that the mother has the custody or the father, the maintenance is Father responsibility and a custodial mother could demand maintenance money from the father for his children.
How to File the Case for Custody of Minor in Pakistan:
Custody of the Minor children is a challenging case for every parent. Courts basis on welfare of Minor hand over the custody of a child. You have to provide concrete evidence that child would be safe and sound with you. In order to recover your dowry articles, you have to file a custody petition in the Guardian Court where the child is living.
Procedure of Child/Minor Custody Case:
1. Consult a Lawyer: In order to obtain custody of the child, you have to consult with a professional Lawyer who would obtain the basic details of the guardian such as her Name, Age, Date of Marriage & Separation of parents, Date of Birth of Child, Financial Background, Background of the case. After analyzing the details of your case, the Lawyer will suggest you accordingly and will file a custody petition in the Guardian Court.
2. Documents: The document required for the case of Recovery of Dowry articles are Following:
- Identity Card of the Guardian
- Copy of the Nikkah-Nama
- Separation Documents e.g Divorce Deed, Khula Decree
- Financial Background proof
- Proof of Child Birth e.g B-form, Birth Certificate
- Name of witnesses
- any other relevant document.
In exceptional cases, when a Guardian doesn’t have access to any of such document, they can still file Custody Case.
3. Court Visit: In such cases, the Guardian has to appear before the court and record her testimony before a family court Judge that he/she wants to get custody of the child. Such testimony would be cross-examined by the other side Lawyer who would ask you about the details of custody case. Moreover, the witness who could testify regarding the custody case also has to appear before the Guardian Judge to prove your case.
4. Time-Frame: The recovery case time could vary as per the nature of the case. However, it usually takes a few months to conclude a Custody case and get the guardian certificate of the children.
5.Fee for Recovery cases: In such cases, there are 2 types of cost which you need to keep in your mind. The 1st cost is of filing your case which is almost 3000/PKR to 5000/PKR in which the lawyer will file your case, send notices to the other party, publish your advertisement in the newspaper and other misc. charges. The 2nd cost is the fees of the services of the professional Lawyer, which could depend on the expertise and experience of your Lawyer. However, there could also be other Misc. charges involve such as fee for commissions or applications.
If you are a father or male guardian of the child, you would also subject to pay the monthly maintenance of the children.
Important: If you also have other claims such as Khulla, Dower, past maintenance, children maintenance, you can also file one consolidated case in which you would first seek Khulla and then your other claims.
For understanding the steps of Khulla click here.
In Conclusion, filing a custody petition in Pakistan involves a structured legal process that requires careful preparation and understanding of your rights. However, if you can prove your custody claim, you can get custody of the child. By consulting with an experienced lawyer, preparing the necessary documents, and following the legal steps outlined above, you can navigate the process effectively. Understanding the steps for custody case and being aware of the legal considerations will help you approach the case with confidence. Contact us at +923216065100 for legal consultation.
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